November 2008

Issue to Member Clubs

The Rugby Football Union (the "RFU") allocates and issues tickets for events and rugby matches at Twickenham to RFU Member Clubs ("Club(s)") only upon these Ticket Application Conditions and by applying for an allocation of tickets the Club accepts these Conditions. 

If a Club has any concern that it may be supplying a ticket to anyone (including a club member) in breach of RFU policy or these Conditions (or the Ticket Distribution Conditions) it should contact the RFU Legal Department for advice.

In these Ticket Application Terms and Conditions the following Definitions will apply:
"Licensed Operator" means any company at the secondary level of ticket distribution which, the Club has been advised by the RFU, is licensed by the RFU to purchase a ticket(s) from the Club to sell to the tertiary market.

“Genuine Sponsor” means a company, firm or person (who is not a Restricted Person without RFU consent and) who during a period of not less than 2 months before receipt or purchase of tickets sponsors the Club and receives a benefit from the Club (other than membership, tickets and/or the title of sponsor) for a complete season unless the Club obtains the prior written approval of the RFU (such approval not to be unreasonably withheld or delayed).  In the case of dispute as to whether anyone is a Genuine Sponsor, the decision of the RFU shall be final and binding.

A Genuine Sponsor cannot be a Restricted Person unless the Club obtains the prior written consent of the RFU (such consent not to be unreasonably withheld or delayed). 
“Member” means an individual who has been a bona fide member (playing or otherwise and duly elected  or appointed in accordance with the Club’s constitution) of a Club for not less than 2 weeks prior to purchase or receipt of tickets.
“Packages” means the supply of tickets with any additional benefit including car parking, accommodation, food, drink or travel or any vouchers or any other means of obtaining the same.

“Restricted Person” means

(i) a ticketing or corporate hospitality company;
(ii) anyone offering, or who through a third party supplies, catering facilities on the date of an event within one mile of Twickenham Stadium;
(iii) anyone who resells tickets; or
(iv) an officer or agent of any of the above.

“RFU Allocated Tickets” means tickets allocated to and obtained by a Club directly from the RFU and not via another Club or otherwise.

“Terms” means the terms and conditions contained in these Ticket Application Conditions, the Ticket Distribution Conditions, the Terms of Admission of ticket holders to the Stadium and Ground Rules.

“Transferee” means a Club, Licensed Operator, Genuine Sponsor or Member.

Applying for Tickets

A. The RFU is authorising the Club as its agent to distribute RFU Allocated tickets following receipt of the Club’s application form and bought by the Club to Transferees.

B. The full price of the tickets applied for must be paid by direct debit mandate in the form prescribed by the RFU or by cheque which must accompany the application form or such other manner as is approved by the RFU from time to time.   The face value of the ticket includes VAT.   For the purposes of VAT only, any supply of a ticket by the Club shall be treated as a supply made by the Club on its own behalf and the Club shall itself be liable to account for any VAT applicable thereto.
Transfer of Tickets

C. The Club may only transfer a ticket to a Transferee subject to Condition D. The Club may charge any Transferee an administration fee of up to £5 per ticket.  Other than to a Licensed Operator or under Condition K below, a ticket shall not be supplied (except for the said administration fee) at above face value.

D. Only RFU Allocated Tickets may be transferred to Genuine Sponsors.

E. Tickets may not be provided sold, supplied or advertised for sale or supply or use with or as part of a Package except as set out in Condition F.

F. The Club may:

1. supply tickets to Licensed Operators for use in Packages; or

2. use tickets in Packages provided to Transferees provided that they are RFU Allocated Tickets and the Packages including all elements of the Packages are sold by the Club as principal and the Club receives full payment directly.

G. The Club must ensure that:

1. the Terms are incorporated into all agreements to supply tickets to Transferees; and

2. it only supplies tickets to Transferees on terms that those to whom it supplies tickets cannot sell or offer for sale or transfer those tickets.

H. Any ticket supplied to or by any Transferee otherwise than in accordance with the Terms will be a breach of the Terms and render the Club liable as under Condition T below. Any ticket supplied or obtained in breach of the Terms shall be void and all rights connected therewith shall be nullified. Any person seeking to use a ticket to obtain access to a match or event obtained in breach of the Terms will be liable to be refused entry or evicted from the venue and no refund will be payable by the RFU .

I. The Club must keep a proper record of the individual numbers of all tickets supplied and the name and address of any Transferee to whom supplied and must provide such information to the RFU within 7 days of any written demand therefor.

J. The Club must send tickets directly to the Transferee and not via any Restricted Person or any other third party.

Genuine Sponsors

K. The Club may as part of a sponsorship arrangement supply RFU Allocated tickets to any of its Genuine Sponsors in return for cash or benefits in kind, subject to the Terms and in particular Conditions L to Q below.

L. The Club must ensure that neither it nor its agents use tickets as the sole or main incentive for any person firm or company to become a Genuine Sponsor or Member.   The Club must ensure that agents or members used to find Genuine Sponsors do not offer to those persons:-

1. corporate hospitality or Packages for events at Twickenham before they have signed a contract with the Club to be a Genuine Sponsor; or

2. tickets for events at Twickenham before they have expressed an interest in becoming a Genuine Sponsor. 

M. A Club may not enter into a sponsorship arrangement with a person or an entity that is or has been introduced to the Club by a Restricted Person unless the Club obtains the prior written consent of the RFU (such consent not to be unreasonably withheld or delayed).  

N. Clubs must not use their right to sell tickets to a Genuine Sponsor or Member as a means of circumventing (or the effect of which is the circumvention) of the Terms.

O. Any  Genuine Sponsor to whom tickets are supplied, other than an England Team/RFU sponsor, will not be permitted to use any ticket as a prize or as part of any competition or promotional or other similar activity or as part of any hospitality or travel or other commercial package or for any other media purpose without the prior written approval of the RFU (which  will not be unreasonably withheld or delayed) in order, amongst other things, to preclude the possibility of such sponsor "passing off" that it is an England Team/RFU sponsor.

P. In the case of any agreement or arrangement or proposed agreement or arrangement which involves, or the effect of which, is the supply to a Genuine Sponsor tickets for any event or match (save where Condition Q applies):

1. the Club must ensure that each such supply arrangement is in writing and complete details thereof are minuted in the Club’s records and made available for inspection by the RFU and the Club’s members upon request at any time; and

2. the Club must ensure that the written agreement satisfies Condition G above by the inclusion of express terms.

Q. Where a Club has any agreement or arrangement which involves or the effect of which is the supply of two or less tickets to a Genuine Sponsor to any event or match, the Club will be exempt from the requirements in Condition P 1 provided that:

1. the Club keeps a proper record of the sponsorship arrangement and must provide such information to the RFU upon request; and

2. the Club’s arrangement with its Genuine Sponsor is not negotiated through a Restricted Person.

Cancellation

R. If the event is cancelled or abandoned and the RFU refunds the face value of any ticket to the Club, the Club must promptly pay such refund to the purchaser of the ticket (if any).   The Club will indemnify the RFU fully and promptly (including for its reasonable legal costs) against any claim(s) from such purchaser both in these circumstances and in circumstances where the Club commits a breach of any other obligation owed to such purchaser.

Returns

S. For Grade A matches (6 Nations matches or matches against South Africa, New Zealand and Australia), the Ticket Office will (provided they are returned either before the match day or up to 60 minutes before kick-off) accept returned tickets and a refund will be issued to the club to which the tickets were originally allocated. Please note that each ticket returned on a match day is subject to an administration charge of £5 and proof of identity of the person returning the ticket may be required.  For non-Grade A matches, tickets are not returnable.

Breach of Ticket Application Conditions

T. The sanction on any Club found by the RFU to have breached these Ticket Application Conditions may (in the absolute discretion of the RFU) be one or more of the suspension for a fixed term of all or part of the Club’s entitlement to a ticket allocation and/or any financial and/or other sanction which the RFU may impose.  Tickets are the absolute responsibility of the Club to whom they have been issued and the Club agrees that notwithstanding any misuse of tickets allocated to it or the breach of one or more of these conditions may have been outside its control and/or without its knowledge the Club remains liable to one or more of the sanctions set out in this Condition.     Misuse includes but is not limited to:

1 any supply of any ticket by a Transferee otherwise than in accordance with the Ticket Distribution Conditions  or any other breach of the Ticket Distribution Conditions;

2 any transfer of any ticket or any use of the ticket in any scheme or arrangement for any payment or benefit in kind above its face value (contrary to Condition C above) (save for the value derived by the Club under any supply arrangement referred to in Condition K above);

3 any transfer of any ticket to any Restricted Person (contrary to Ticket Distribution Condition 5);

4 any use of the ticket as a prize, promotion or similar activity (contrary to Ticket Distribution Condition 5).

U. Every ticket remains the property of the RFU at all times.

V These Ticket Application Conditions also apply to tickets acquired by the Club otherwise than from the RFU and incorporate the following Ticket Distribution Conditions: